CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. WATER

(a)      Any person, firm or corporation desiring a connection with the municipal water system of the city shall apply in writing to the city clerk, on a form furnished by the city clerk for that purpose, for a permit to make the connection.

(b)     The application shall contain an exact description of the property to be served and the uses to which such water is to be put.

(Code 1971, 15-101)

(a)      All water furnished by the municipal water plant shall be measured by meters supplied, installed and maintained by the city for that purpose.

(b)     For the purpose of reading meters, duly authorized employees of the water department of the city may legally enter any premises at any reasonable hour.

(Code 1971, 15-102)

(a)      For property lying within the city limits, all taps shall be driven, excavations made, meters and curb cocks installed and pipes laid from main to curb or property where installation is to be made by the city.

(b)     If the property where installation is to be made lies adjacent to the city limits, a tap may be made by the city at the nearest main capable of supplying the property and a curb cock installed in a place designated by the city director of public works.

(Code 2005)

(a)      The applicant for connection to the municipal water system of the city shall pay $2,200 for installation of a standard ¾ inch meter and fittings. The connection fee for one inch service will be $2,300. The fee shall be paid at the time application is made and may be collected in addition to any other permits or fees as required. If boring or trenching under city streets is required to install such service, the applicant will be responsible for the actual cost of such required activity.

(b)     For meters and fittings in excess of one inch, the applicant shall pay all actual costs of materials and labor for installations and connection to the municipal water system plus the charge of $500.00.

(c)      Unless there is an agreement between the developer, builder, or applicant, the costs of a city water main extension shall be borne by the developer, builder, or applicant.

(d)     The minimum labor fee shall be $50.00 for reconnecting any premises where service has been disconnected by the city.

(Ord. 1032, Sec. 1; Ord. 1185, Sec. 1; Code 2007)

Each premises shall have a separate and distinct service connection.

(Code 1971, 15-105)

There shall be a shutoff valve in every service line attached to the mains, the same to be placed in such places as shall be designated by the city director of public works. There shall be one or more stop and waste cocks attached to every supply pipe at some point between the water and the first outlet, so that the water can be shut off and the house plumbing entirely drained.

(Code 1971, 15-107)

All service connections to city water mains shall be made by the city and extended to the property line.

(Ord. 1032, Sec. 2; Code 2005)

The cost of original installation of all plumbing between the property line and any service device maintained by the owner of premises and all extensions hereafter made to such service pipes, as well as all repairs to the same, shall be borne entirely by the owner of the premises, although such service pipes and devices shall at all reasonable times be subject to inspection by duly authorized officials of the department of public works of this city, and repairs found to be necessary by such officials shall be made promptly or the city shall discontinue service until such repairs are made.

(Code 2005)

It shall be unlawful for any person, firm, or corporation to take any water from the department of public works of this city, except the same be drawn through a meter installed by the city or from any premises not owned by him, her or them without the permission of the owner thereof.

(Code 2005)

(Code 2005)

(Code 2005)

(Code 2005)

The city shall not be liable for water used or lost through leaks, carelessness, neglect or otherwise after the same has passed through the meter. However, every customer shall have the right of appeal to the city, from any water bill or meter reading which he or she may consider excessive.

(Code 2005)

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment.

(Code 1971, 15-115; Code 1985)

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense.

(Code 1985)

(a)

(1)          Each new customer making application for water service shall make a cash deposit to the city in the amount of $50.00 for all classes of customers, the deposits to serve as a guaranty for the payment of water thereafter furnished to the customer's premises.

(2)          In the event a customer is disconnected for failure to pay any bill due the city for water and subsequently pays all fees owed to the city and applies to reestablish water service, a cash deposit in the amount of $100.00 will be required to serve as a guaranty for the payment of water thereafter furnished to the customer’s premises.

(b)     No deposit is required for water service to residential premises if the applicant for water service owns the land and the building to which water is to be furnished unless the event described in (a)(2) above occurs.

(c)      In the event that water service shall be disconnected for failure to pay any bill due the city for water, such cash deposit shall be applied as a credit against all amount due from the customer to the city, and if there shall remain any surplus of such deposit, the same shall be returned to the customer. In the event such cash deposit is insufficient to pay the amount due for water furnished, the deficiency due shall constitute a personal liability of the customer.

(d)     Deposits collected pursuant to this section shall be governed by the provisions of K.S.A. 12-822.

(e)

(1)          Deposit shall be waived for water customers of the city who have already demonstrated to the city at least a minimum credit worthiness as defined below. Any deposit collected from a water customer of the city pursuant to this section shall be refunded to that customer within 90 days of demonstration by that customer to the city of at least a minimum credit worthiness as defined below. Deposits shall be waived for residential water customers of the city who have obtained the consent of another residential municipal utilities customer of the city (who has himself or herself or who have themselves demonstrated to the city at least a minimum credit worthiness as defined below, and who is not otherwise required to have any utilities deposits on account with the city) to guarantee (defined below) the account of the waiver-seeking customer.

(2)          Any refunded deposits shall be credited and applied first to the appropriate customer account for any amount due the city by that customer for any past, current and future municipal utilities services provided by the city to that customer; if, upon closing the account and after any deposit has been credited and applied to the account, the customer has a positive balance on account, then the city shall issue to that customer a payment voucher equal to the amount of the positive balance.

(3)          For the purposes of this section only, a minimum credit worthiness shall be defined as the customer maintaining with the city a zero past due balance for any and all municipal utilities services provided by the city to that customer for each of the most recent 24 consecutive months, as well as the customer making to the city payments in full for the current amount due for any and all municipal utilities services provided by the city to that customer, such payments to have been made by 5:00 p.m. on the respective payment due dates, for each of the same 24 consecutive months.

(4)          For the purposes of this section only, a guarantee voluntarily granted by and obtained from another residential municipal utilities customer of the city (who has himself or herself or who have themselves demonstrated to the city at least a minimum credit worthiness as defined above and who is not otherwise required to have any utilities deposits on account with the city) shall be defined as that other customer being willing to pay to the city any past due amount owed by the customer seeking the deposit waiver for any and all past, current and future municipal utilities services provided by the city to that waiver-seeking customer, including any and all accrued penalties, the payments to be made by the 20th day of the respective month; guarantee shall be further defined as that other customer understanding that his, her or their municipal utilities services provided by the city may be disconnected by the city for failure to pay as described above.

(Code 1971, 15-110; Ord. 708, Sec. 1; Ord. 796, Sec. 1; Code 1990; Ord. 945, Sec. 1; Ord. 1022, Secs. 2:3; Code 2005)

All water meters shall be read monthly and records of such readings kept for a period of five years

(a)      Statements will be sent to consumers on or about the 10th day of each month showing the water fee due for the preceding billing period, and the consumer shall be required to pay the bill in full by 5:00 p.m. on the 25th day (the “Due Date”) of that same month. If the Due Date is not a business day for the City, any payment received by the City by 5:00 pm on the next business day after the Due Date will be recorded as being paid on the Due Date.

(b)     If the account is not paid in full by the Due Date, a late payment charge of ten percent (10%) of the amount due shall be added to the unpaid bill on the first business day following the Due Date.

(c)      If the account is not paid in full by 5:00 p.m. on the 5th day of the following month (the “Termination Date”) in which the bill comes due, the water service shall be discontinued pursuant to sections 15-118:120 of this article. If the Termination Date is not a business day for the City, any payment received by the City by 5:00 pm on the next business day after the Termination Date will be recorded as being paid on the Termination Date. The service shall remain discontinued until the account is paid in full, including a charge of $70.00 which shall be made for reconnecting such service.

(Ord. 1211, Sec. 2; Code 2008; Ord. 1239, Sec. 1; Ord. 1302)

Water or other utility service shall be terminated for nonpayment of service fees or charges as provided in sections 15-119:120.

(b)     The city administrator shall be authorized to make such reasonable rules and regulations to secure the payment of any sums due the water department or other utility service as may, in his or her judgment, be necessary.

(Ord. 1140, Sec. 3; Code 2005)

(a)      A delinquency and termination notice shall be issued within five days after the delinquency occurs and mailed to the customer at his or her last Utility Billing Schedule known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b)     The notice shall state:

(1)          The total amount due, including late payment charge;

(2)          Notice that service will be terminated if the amount due is not paid by the Termination Date described in section 15-117(c);

(3)          Notice that the customer has the right to a hearing before the city administrator or another designated hearing officer;

(4)          Notice that the request for a hearing must be in writing and filed with the city clerk no later three days prior to the date for termination of service.

(c)      Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three business days following receipt of the request.

(Ord. 776, Sec. 2; Ord. 1302)

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city administrator. If the officer finds that service should be terminated, an order shall be issued terminating service three days after the date of the order. The customer shall be notified either in person or by mailing a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension for the termination of such service.

(Code 2005; Ord. 1302)

The rates for water consumed by retail customers of the water utility of the City shall be as follows:

(a)      For all retail users of water inside city limits: a monthly customer charge of $6.50 per meter plus $ 7.53 per meter for each 100 cubic feet of water consumed.

(b)     The minimum monthly water charge for all retail users of water inside city limits shall be $10.00 per meter.

(c)      The minimum monthly water charge for all retail users of water outside the city limits shall be $17.50 per meter.

(Ord. 1198, Sec. 1; Code 2008; Ord. 1224)

(a)      The wholesale water rate for all wholesale water customers shall be calculated as fifteen percent of the total cost of the Water Fund minus transfers to the General Fund for administrative fees and in lieu of franchise fees, water treatment fees and water supply fees. This total cost will prorated based on the actual number of units purchased in units of 1,000 gallons for the most recently completed fiscal year. That rate will be added to the current rate of water treatment plus the current rate of water supply which will then be increased by 8% to arrive at the wholesale water rate.

(b)     This rate will be updated in January of each year based on the preliminary results for the year ending the preceding December. Such rate will be adjusted if necessary when the results of the independent audit are received and such adjustment will be applied retroactively to the year to date consumption.

(Ord. 1207, Sec. 1; Code 2008; Ord. 1223; Ord. 1237; Ord. 1295; Ord. 1352)

No person shall establish or permit to be established or maintain or permit to be maintained, any cross connection where a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body.

(Code 1990)

Approved devices to protect against backflow or backsiphonage shall be installed at all fixtures and equipment where backflow and/or backsiphonage may occur and where there is a hazard to the potable water supply in that polluted water or other contaminating materials may enter into the public water supply. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop which could lead to backsiphonage of polluted water into the system shall be improper and must be protected by approved back flow preventive valves and systems as determined by the city director of utilities.

(Code 2005)

The city director of utilities or other designee of the governing body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city.

(Code 2005)

Pursuant to the city's constitutional home rule authority and K.S.A. 65-163a, the city by its director of utilities may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the city director of utilities may terminate water service to any property where the cross connections or backsiphonage condition creates, in the judgment of the city director of utilities, an emergency danger of contamination to the public water supply.

(Code 2005)

(a)      Effective with the utility bills issued during September, 2016, this utility will assess to all customers a Franchise Fee of 2.5% of the gross utility fees billed to the customer in the billing cycle. Late fees and any other non-revenue charges will be excluded from the Franchise Fee calculation.

(b)     Effective with the utility bills issued during April, 2017 and continuing thereafter, each utility will assess to all customers a Franchise Fee of 5% of the gross utility fees billed to the customer in the billing cycle. Late fees and any other non-revenue charges wi ll be excluded from the Franchise Fee calculation.

(Ord. 1346; Ord. 1366)